Patna High CourtCR. MISC./43061/2022allowed

Niraj Kumar @ Gutka v. The State Of Bihar

2023-01-04Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43061 of 2022 Arising Out of PS. Case No.-120 Year-2022 Thana- PAKARIBARAW District- Nawada ====================================================== NIRAJ KUMAR @ GUTKA S/o- Anil yadav R/o village - Shyamdeo, P.S.- Pakribarawan, District - Nawada.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Durgesh Nandan For the Opposite Party/s :

Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks regular bail in connection with Pakribarawan P.S. Case No. 120 of 2022 registered for the offence under Sections 25(1-b)a/26 of the Arms Act. Prosecution case relates to recovery of a country made pistol from the house of the petitioner.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted that the country made pistol without a cartridge is non-operational and the place of occurrence from where the recovery has been made is of joint possession. A statement has been made in para 3 of the petition that the petitioner has got no criminal antecedent.

Patna High Court CR. MISC. No.43061 of 2022(3) dt.04-01-2023 2/2 The petitioner is languishing in judicial custody since 12.4.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Pakribarawan P.S. Case No. 120 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Nawada.

(Sunil Kumar Panwar, J) amandeep/- U T